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Message

re: Fishing/boating on someone else’s property to remain illegal

Posted on 5/2/19 at 2:23 pm to
Posted by Bedhog
Denham Springs
Member since Apr 2019
3741 posts
Posted on 5/2/19 at 2:23 pm to
quote:

Like deer, ducks, squirrel etc?



So your argument is land and water should be the same.

What other state in the nation does this? And don't give me the whole bit about people dug more canals here.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87390 posts
Posted on 5/2/19 at 2:25 pm to
quote:

So your argument is land and water should be the same.

I am not making an argument. I am pointing out flaws in other's.

quote:

What other state in the nation does this?
Does what? Allow owners of water bottoms to restrict boat access? Florida for sure. Possibly Tx. I cannot remember. But anyway, why does it matter what other states do?
Posted by lotik
Member since Jul 2018
530 posts
Posted on 5/2/19 at 2:26 pm to
Ducks are migratory as well. They don't stay in the same area their entire lives.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87390 posts
Posted on 5/2/19 at 2:27 pm to
quote:

They don't stay in the same area their entire lives.

Interesting observation.
Posted by lotik
Member since Jul 2018
530 posts
Posted on 5/2/19 at 2:30 pm to
quote:

I am not making an argument. I am pointing out flaws in other's.


Just doing the same.
Posted by Bedhog
Denham Springs
Member since Apr 2019
3741 posts
Posted on 5/2/19 at 2:32 pm to
quote:

Does what? Allow owners of water bottoms to restrict boat access? Florida for sure.
really? I seem to remember a post here regarding some dock owner harassing a fisherman in Florida somewhere and people were pissed.

quote:

But anyway, why does it matter what other states do?


We should have the same rights other states do with our natural resources.
Posted by tigerfoot
Alexandria
Member since Sep 2006
61434 posts
Posted on 5/2/19 at 2:33 pm to
quote:

You can't compare tidal navigable waters to a private road or driveway because neither of these can hold public resources (fish)

Sure you can, Canal leads to private lake.
Driveway leads to private land. Deer (public deer) walk onto private land straight down private drive, the have sex and make lots and lots of deer. Private landowner drives down driveway to private land and shoots deer. Deer that the public can not shoot.

Deer lives matter.

Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87390 posts
Posted on 5/2/19 at 2:37 pm to
quote:

really? I seem to remember a post here regarding some dock owner harassing a fisherman in Florida somewhere and people were pissed.

That was public water. Would be like a Toledo Bend dock owner doing it.

Here's the AG opinion from Florida.

quote:

The use of the term "manmade" in describing canals compels me to state that if the owner of the land underneath the artificially created body of water has never made the water above available to the public, then the owner, in a sense, controls fishing in the body of water by controlling the means of access to it, even for one who has a proper license or permit to take fish and even if the season is lawful for the taking of fish from other water in the area.



Advisory Legal Opinion - AGO 75-167
Number: AGO 75-167
Date: June 9, 1975
Subject: Fishing and traffic in manmade canals

quote:

We should have the same rights other states do with our natural resources.

Why?
Posted by lotik
Member since Jul 2018
530 posts
Posted on 5/2/19 at 2:40 pm to
How does one make it public? By letting the public fish, then changing their mind and putting up a gate.

Edit:
My interpretation of the Florida AG, if it wasn’t gated from the beginning, it can’t be gated afterwards.
This post was edited on 5/2/19 at 2:46 pm
Posted by senor beavis
Highland High School
Member since Oct 2018
27 posts
Posted on 5/2/19 at 2:51 pm to
I've watched this issue closely, and heard a number of the access proponents continuously state they don't dispute the ownership of the banks or water bottoms, but that the waters and fish that swim in them are public, so they must be allowed access. Given this acknowledgement, should I assume they won't anchor, or use push poles when fishing these areas? To do so would be trespassing.

And given their argument, what would prevent someone from duck hunting out of a kayak or boat in these areas, assuming it wasn't anchored?
Posted by lotik
Member since Jul 2018
530 posts
Posted on 5/2/19 at 2:52 pm to
iPilot baw
Posted by Decisions
Member since Mar 2015
1639 posts
Posted on 5/2/19 at 2:53 pm to
quote:

should have the same rights other states do with our natural resources.


Different states have different laws regarding this because the challenges are different. It’s not a one-size fits all.

Let’s call a spade a spade: this isn’t some righteous crusade to restore the people to what was theirs. It’s a blatant power/money grab.

Because you want free stuff.



ETA: At any rate I don’t have the battery charge to continue this debate any further so I’m going to bow out.
This post was edited on 5/2/19 at 2:57 pm
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 5/2/19 at 2:58 pm to
We want to fish a natural resource.... Nothing is free about fishing.... I will pay for the boat, gear and gas..... We want to fish ..... Stop trying to say it’s a land grab and we want free stuff.....
Posted by lotik
Member since Jul 2018
530 posts
Posted on 5/2/19 at 2:59 pm to
Excuse us for trying to be Americans.
Posted by Decisions
Member since Mar 2015
1639 posts
Posted on 5/2/19 at 3:06 pm to
I lied. I’m back for one more hit.

quote:

We want to fish a natural resource.... Nothing is free about fishing.... I will pay for the boat, gear and gas..... We want to fish .....


By this reasoning I should be able to drill oil or cut timber or farm on anyone else’s land.

It’s a “natural resource”. I’ll provide my own equipment. You won’t even notice I was there. Swearsies.

quote:

Excuse us for trying to be Americans.


You’re not Americans. You’re Commie’s if I ever heard them.

Aaaannnnnddddd on that note of sarcasm NOW I’m out.
This post was edited on 5/2/19 at 3:08 pm
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87390 posts
Posted on 5/2/19 at 3:08 pm to
quote:

We want to fish ..... Stop trying to say it’s a land grab and we want free stuff.....
I want to hunt...

See how that works? And no, we won't stop saying you want free stuff
Posted by lotik
Member since Jul 2018
530 posts
Posted on 5/2/19 at 3:12 pm to
A Democrat set the framework for all of these public lands. You wouldn’t dare hunt or fish any of these, would you?
Posted by Bedhog
Denham Springs
Member since Apr 2019
3741 posts
Posted on 5/2/19 at 3:12 pm to
it's blowing my mind seeing all of these attempted comparisons to try to authenticate some of y'alls opinions on this matter.

We've been very clear, no beating around the bush.
We want to fish public accessible, navigable waterways.

That's it.
Posted by Wacker
South Louisiana
Member since Jul 2014
306 posts
Posted on 5/2/19 at 3:18 pm to
Exactly..... we want what we see other states have.... To hear B.A.S.S. and FLW’s stance on Louisiana’s water access laws makes me feel embarrassed.... As a state we are losing out so a select few can have their private Sportsman’s Paradise...... This isn’t the same swamp and marshland I grew up Fishing and I am ashamed it is being gated off so future generations can’t enjoy it like I did as a kid...
Posted by dwr353
Member since Oct 2007
2173 posts
Posted on 5/2/19 at 3:26 pm to
Thanks for responding to my earlier question.
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